State Must Answer For Imprisoning 16-Year-Old

There is an old lawyers' adage: Never ask a question unless you know the answer. We are about to violate that sound advice by asking, why did the Department of Children and Families send an abused 16-year-old who has never been charged with a crime to a prison for adults?

There are, in fact, many questions about this case.

Why was DCF seeking a court order to send a juvenile to adult prison even as it made her the poster child for opening a new juvenile DCF facility?

On Feb. 4, DCF lawyers petitioned the court to send "Jane Doe" to adult prison. Yet DCF subsequently described her case in the press and before legislators to justify spending $2.5 million on a new facility, not an adult prison but a locked residential facility in Middletown for delinquent girls to be operated by DCF. There was no question that DCF was indicating Jane would be placed in that new facility.

On Feb. 14, DCF Commissioner Joette Katz cited the girl's case in testimony before the General Assembly to illustrate the need for the new facility — 10 days after DCF petitioned to send the girl to prison. On Feb. 20, The Connecticut Mirror quoted Katz again using the girl as an illustration of the need for a new juvenile facility.

Why is DCF punishing the victim?

On Jan. 27, Jane allegedly assaulted a staff member at a Massachusetts facility. DCF's characterization of the incident has exaggerated the staff member's injuries and left out the critical fact that one of the staff members involved has been terminated, reportedly as a result of the incident.

Jane has an extensive history of being abused, including rapes, beatings and denial of food. She has also been homeless and trafficked for sex. Most of the abuses happened at places that DCF sent her, after it removed her from her mother's care at age 4.

It is common for children with trauma histories to have behavior problems. It is hardly surprising that Jane Doe does; nor is her behavior unique within DCF facilities. DCF is legally Jane's parent. It had a responsibility to protect her from abuse and help her heal from her trauma. Instead it has sent her to an adult prison where she is in isolation 22 to 23 hours a day and receives no treatment.

This young person was considered male at birth but she identifies as female. DCF treated her as female and provided hormone therapy that has had a feminizing effect. Yet after the Massachusetts incident she was moved back to Connecticut, as the sole resident of a unit at the Connecticut Juvenile Training School, a boy's facility. Then, DCF requested to transfer her to the Manson Youth Institute, a men's prison.

The Department of Correction, apparently having more concern for her safety than DCF, instead kept her at York Correctional Institution, which has facilities for men and women.

Why was DCF using inflated numbers?

Appearing on WNPR radio's "Where We Live" on March 10, the commissioner talked about the 20 or more girls languishing in detention on any given day. According to a report that she'd just submitted to the legislature, there were only five girls in detention as of Feb. 20.

"I could have easily filled these beds in the last six months," Commissioner Katz told legislators when arguing for the new Middletown facility in February. There are currently five girls in the new 12-bed facility. The girl DCF used as a marketing tool to get it opened is not one of them.

There's one final question that nags us.

Why are the people of Connecticut standing for this?

We don't know the answer to that either.

Sandra Staub is legal director of the American Civil Liberties Union of Connecticut.